California Court of Appeal

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McClain v. Octagon Plaza, B194037

Sustaining of demurrer to claims for misrepresentation and declaratory relief is reversed as: 1) the complaint adequately alleged a claim for fraud in the inducement; and 2) since the complaint adequately alleged a fraud claim based on misrepresentations about plaintiff's proper base rent and share of the common expenses under the lease, the trial court erred in sustaining the demurrer to plaintiff's claim for declaratory relief.

Appellate Information

  • Decided 01/31/2008
  • Published 01/31/2008

Judges

  • MANELLA, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Office of Joseph R. Brown and Joseph R. Brown, Sherman Oaks, for Plaintiff and Appellant.

  • For Appellees:
  • Law Offices of J. Steven Kennedy and J. Steven Kennedy, Pasadena, for Defendant and Respondent.
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